No fear

By: Law is Cool · August 12, 2009 · Filed Under Civil Rights, Constitutional Law · Add Comment 

Many trash the government for hanging Suaad, our fellow Canadian, out to dry when she desperately needed help. By all means, the government deserves that. Trash hard.

But don’t forget another lesson of this story. When government officials have leeway, no one knows what’s on their mind. No one knows why they decide one way or another. No one can tell for now what on earth moved that low-level hack in our High Commission in Kenya to throw Suaad to the wolves. We should learn that when our life, rights, liberties, and security are at stake, government officials in charge must have no such leeway. They must follow precise rules.

There is a legal term for this freedom of maneuver, this leeway that officials have in making a myriad decisions that they make. It’s called discretion. The rule of law means, whenever possible, officials must follow the law rather than their own discretionary whims. Specific legal rules must bind Canadian officials who have the power to accept or reject our passport in some foreign country.

The world is so small now. Canadians should not fear international travel because our government can randomly dump us without justice and without hope. We should know exactly what the government will be obliged to do if anyone questions our passports. We should be guaranteed justice. We should have no fear.

AdviceScene

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